Harris v. Air France, Civil Action N. 4:09-cv-03155. Represent product defendant in wrongful death claims arising out of crash of Air France Flight 447 from Rio de Janeiro to Paris on June 1, 2009. The case is currently pending in the U.S. District Court for the Southern District of Texas and before the Judicial Panel on Multidistrict Litigation. In Re: Air Crash Disaster over the Mid-Atlantic on June 1, 2009 (MDL Docket No. 2144).
Corporate Airlines a/k/a American Connection. Represented defendant airline in federal multidistrict litigation and state court cases arising out of a commuter airline crash near Kirksville, Missouri on October 19, 2004. All cases have been successfully resolved. In Re: Air Crash Near Kirksville (JPML 2005).
In Re: Air Crash Near Castellon, Spain, on October 10, 2001. Successful representation of manufacturer and type certificate holder in wrongful death actions arising from commuter crash.
Baunguart v. Fairchild, et al. Represented defendant aircraft manufacturer in 19 wrongful death suits filed in state court arising out of a commuter airline accident in Germany, case was successfully removed to bankruptcy court and ultimately dismissed on grounds of forum non conveniens by the federal district court and affirmed by the 5th Circuit. 981 F.2d 824 (5th Cir. 1993)
Ortiz v. Texas State Bank, Cause No. C-479-03-B, represented the defendant bank in a case involving wrongful death claims arising out of the crash of a Cessna 210 near Mission, Texas on February 5, 2003. The case was tried to a jury in State Court in Hidalgo County, Texas, resulting in a favorable verdict for client.
Laird Doctor and Linda Doctor v. Howard Purdue and Experimental Aircraft Association, Cause No. 1999-52227, in the 113th District Court, Harris County, Texas. Represented Experimental Aircraft Association in case in which plaintiff was rendered quadriplegic as a result of an air show accident and sued the defendants for $50 million dollars. After a favorable jury verdict, plaintiffs appealed and the case was reversed and remanded for new trial. Before the case was retried, settlement was reached. 178 S.W.3d 355 (Tex. App. [1st Dist.] 2005).
Bombardier Aerospace Corporation v. Peter A. Halmos and PAH. Co., Cause No. 04-5208-1, in 162nd District Court, Dallas County, Texas. Represented Bombardier's aircraft fractional interest program in commercial dispute with Learjet fractional owner. After two week jury trial obtained a favorable verdict and title to the fractional interest in the Learjet.
Propair v. Fairchild Aircraft Incorporated, Montreal, Quebec Canada. Successful defense of manufacturer and type certificate holder in numerous wrongful death and hull claims arising from commuter crash near Montreal.
Crowder v. American Airlines, Inc., et al., Cause No. 97-10045-E and Crowder v. American Eagle Corporation, et al.; DV 99-04311-E, 101st District Court, Dallas County, Texas. Former airline pilot, now deceased, alleged airlines failed to advise of significant cardiac risk uncovered during pre-employment examination. Obtained summary judgments for defendant airlines in both cases and both summary judgments were upheld on appeal.
Lee v. American Airlines, Inc., 355 F.3d 386 (5th Cir. 2004). Represented airline defendant and successfully won dismissal of claim for loss of convenience in Warsaw Convention putative class action.
Casas v. American Airlines, Inc., 304 F.3d 517 (5th Cir. 2002) Represented airline defendant in class action and obtained reversal of nationwide class action and rendering take-nothing judgment in favor of airline.
Scroggs v. American Airlines, Inc., 150 S.W.3d 256 (Tex. App. -- Dallas 2004) Represented airline defendant and successfully won dismissal of negligent activity claim.
Ragnell v. Town of Addison. Won summary judgment in favor of client, airport owner, in challenge to validity of Operating Agreement at Addison Airport.
Dallas Central Appraisal Dist. v. Mission Air, 279 S.W.3d 471 (Tex. App. -- Dallas 2009, pet. denied) reversing and rendering judgment in favor of client regarding ownership and taxability of improvements on airport.
Dalrymple v. Fairchild Aircraft Inc., No. H-03-2328. Represented aircraft manufacturer in U.S. District Court Southern District of Texas, Houston Division. Won summary judgment in wrongful death action arising from crash in Mediterranean Sea.
Haile v. Town of Addison, 264 F.Supp.2d 464 (N.D. Tex. 2003) Summary judgment in favor of client, airport owner, in putative class action complaining of fuel flowage fee on Addison Airport, third largest general aviation airport in the nation.
Raytheon E Systems, Inc. v. Bombardier and Learjet, Inc., 196th District Court, Hunt County, Texas. Represented Bombardier (Learjet represented by separate counsel) in a suit in which plaintiffs sought $40 million dollars in a commercial dispute involving acquisition of a customized aircraft by the U.S. government. A settlement was reached prior to trial.
Apex v. Rolls-Royce Corporation, Civil Action No. 3:08-cv-819-P. Represented Rolls-Royce in federal court in Dallas in case alleging breach of warranty involving aircraft engine manufactured and sold by English and German companies. Involved issues of personal jurisdiction, choice of law, international discovery and warranty/product issues. Case was recently resolved.
Diaz v. Southwest Airlines Co., 2006 WL 2051379 (Tex. Ap. -- Amarillo 2006). Represented airline defendant and obtained dismissal of claims asserted under the Air Carrier Access Act.
Rachal v. American Eagle Airlines, 2005 WL 675566 (Tex. App. -- Fort Worth 2005) Represented airline defendant and obtained summary judgment in favor of airline which was affirmed by the Court of Appeals.
Saldana v. Sikorsky Aircraft Corporation, et al. (2003), United States District Court for the Southern District of Texas, Brownsville Division. Obtained summary judgment for Sikorsky based on the government contractor defense.
Breslin v. Rolls-Royce Corporation and Bell Helicopter Textron, 190th Judicial District Court, Harris County, Texas (2002). Obtained summary judgment for Rolls-Royce based on the General Aviation Revitalization Act (GARA).
Pfeiffer v. Northwest Airlines, United States District Court for the Western District of Texas, San Antonio Division (2004). Obtained summary judgment for NWA based on the Air Carrier Access Act.
Summers Group, Inc., et al. v. Paige Electric Co., et al. (2007), 295th Judicial District Court, Harris County, Texas. Obtained summary judgment of third party action for Lufthansa Cargo based on the Warsaw Convention.
Comverse, Inc., et al. v. Lufthansa German Airlines, et al., in the United States District Court for the Northern District of Texas, Dallas Division (2006). Obtained summary judgment for Lufthansa German Airlines and Lufthansa Cargo AG based on the Warsaw Convention.
Freitas vs. Rolls-Royce Corporation, Cause No. 141-224414-07. Currently representing engine manufacturer in a suit in Tarrant County, Texas district court in suit arising out a Brazilian military helicopter accident resulting in multiple deaths. Involves issues of forum non conveniens, choice of law and foreign discovery issues.
Scrogin vs. Rolls-Royce Corporation, Cause No. 09-02318-F. Currently representing engine manufacturer in 116th State District Court in Dallas in a suit arising out of a U.S. Army helicopter accident near Kirkuk, Iraq on March 1, 2007 in which two military personnel were severely injured. Involves issues of foreign discovery, choice of law and products issues.
Carter vs. Goodrich, Civil Action No. 3:09-cv-2297-N. Currently representing engine manufacturer in U.S. District Court in Dallas in a suit arising out of a U.S. Army helicopter accident near Kandahar, Afghanistan on June 5, 2008 in which two military personnel were killed. Involves issues of foreign discovery, choice of law and products issues.
Garrett vs. Bell Helicopter, Cause No. 2009-36067. Currently representing engine manufacturer in State District Court in Houston in wrongful death action by heirs of TV news camera man who was killed when the helicopter he was riding in went down in Fort Bend County, Texas on October 13, 2008.
Eagle Helicopter AG vs. McTurbine, Inc., Civil Action No. 2:09-cv-00262. Recently obtained dismissal of client from suit currently pending in U.S. District Court in Corpus Christi arising out of helicopter accident in Switzerland involving jurisdiction, venue, choice of law and product issues.